Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2014 (2) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2014 (2) TMI 1008 - CESTAT NEW DELHIWaiver of penalty - short payment was due to error of interpretation of exemption Notification No. 15/2002, dated 1-3-2002 - Payment of Short duty - Held that:- spell of contravention is only 5 months from the date of implementation of notification. There is no observation that the appellant deliberately caused loss to revenue except an assumption that there was intentional short-payment. As soon as the respondent came to understand right interpretation it made good loss of revenue. For this short spell of breach, it may not be construed that there was deliberate breach of knowable law. At the infancy stage of implementation of notification, arise of difficulties may not be ruled out. Finding no contumacious conduct of the respondent, granting waiver of penalty by ld. Commissioner (A) appears to be justified. Therefore, there shall be no interference to his order - Decided against Revenue.
|